Texas Attorney General Greg Abbott told Tarrant County officials in an opinion this week that local courts do not have the authority to bypass appointing a guardian for mentally impaired jail detainees who refuse to take medication. The Tarrant County district attorney's office had asked Abbott's office in August whether the Texas Health and Safety Code, subsection 773.008(2), authorizes a court to order emergency medical treatment of a local jail inmate.
In an opinion dated April 28, the attorney general's office said the code does not expressly say or imply that the courts can "order emergency medical treatment of local jail detainees."
Assistant District Attorney David Hudson said the issue comes up in only "a handful" of cases each year. One inmate refused to take medication for chronic medical conditions such as diabetes.
"We had a situation where the probate courts were trying to use this statute independent of any order," Hudson said. "There was a question of, Is that really appropriate? We were just trying to see what can and can't be done with this statute."
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Texas Attorney General Supports Guardians for Mentally Impaired Jail Inmates
3 comments:
Don't know what the statute says, but if it refers to persons and the convict isn't a corporation, it should apply to him.
It looks like another money making opportunity...
Why shouldn't inmates have the right to refuse medication and treatment?
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